Ohio Surety Bail Agent Exam Questions And Answers Verified 100% Correct

Ohio Surety Bail Agent Exam Questions And Answers Verified 100% Correct Elements of a legal contract - ANSWER 1. Agreement 2. Consideration 3. Competent Parties 4. Legal Purpose 2 parts of the agreement element of a contract - ANSWER A) Offer: A contractual promise to do something B) Acceptance: The assent by the person TO whom the offer is made What is the Consideration element of a contract - ANSWER Something of value given to make the promises of the contract enforceable. What is the Competent Parties element of a contract - ANSWER 1. Having legal capacity 2. Capable; qualified to perform a specific act What is Legal Purpose element of a contract - ANSWER A contract must be for a lawful purpose to be enforceable. A bail bond contract is for a legal purpose. A contract on a person's life or to do something that is not legal is unenforceable. What are restricted parties under "Competent Parties" - ANSWER A) Minors B) Insane or mentally deficient individuals C) Individuals under the influence of alcohol or drugs D) Individuals who can't understand the terms of the contract (i.e. illiterate or language barrier) What are the classifications of a contract - ANSWER 1. Formal 2. Informal 3. Unilateral 4. Bilateral 5. Executory 6. Executed 7. Expressed 8. Implied 9. Concealment 10. Fraud What is the "Formal" classification of a contract. - ANSWER A written agreement setting forth the duties and responsibilities (i.e. Bail bond form, real estate contract) What is the "Informal" classification of a contract. - ANSWER A verbal or written agreement that generally sets forth the condition of the agreement without being specific (i.e. Personal form you make up that is not copied by anyone else) What is the "Unilateral" classification of a contract. - ANSWER When one side makes the promises What is the "Bilateral" classification of a contract. - ANSWER Mutual exchange of promises to perform some mutual act. What is the "Executory" classification of a contract. - ANSWER A contract in which the terms have not been fully carried out by all parties. (Example: We bail bonds pay the bond even though the defendant may have different court dates up to 12 months) What is the "Executed" classification of a contract. - ANSWER A contract that is fully performed by all parties. (Example: I go to the store to buy a shirt. I pay for it at time of purchase). What is the "implied" classification of a contract. - ANSWER One contract in which the duties and obligations that the parties assume not expressed by implied. (I bail you out of jail weather or not you sign anything). What is the "Concealment" classification of a contract. - ANSWER Covering up something that might have changed the outcome of underwriting process. (In Bail bonds: I ask if you have any other names you say no, but you do. I find out. Our contract is null and void. In real estate you have to disclose on your home contract to sell or you may lose the sale and possibly the home. What is the "Fraud" classification of a contract. - ANSWER The intentional misrepresentation, deceit or concealment of a material fact know to a person with the intention of causing injury to the other party. (Lying) List the types of courts - ANSWER 1. Inferior Courts 2. Common Please, Circuit 3. Federal Courts 4. Appeals Court 5. State Supreme Court 6. The US Supreme Court What is the Inferior Court - ANSWER Municipal, district, magistrate, county, mayor's court, small claims, or even taxi courts. In Ohio you will deal mostly with Municipal courts What is the Common Please, Circuit Court - ANSWER You will deal mostly with Common pleas: These courts are dealing with Felonies, Civil matters over $25,000/- What is the Appeals Court - ANSWER This is if someone does not agree with the outcome of a case in the lower court and wants to appeal it. There are many cases on file. In Ohio where a lower court did not do the right thing and appeals court reversed the case. Or sent it back to the lower court to fix. What is the State Supreme Court - ANSWER cases that you still don't agree with but they have the right to refuse to hear the case. When that happens you can then call it quits. But you still have one more step to take. What is the US Supreme Court - ANSWER This is the final judgment of the case. They also have the right to refuse to hear the case. What are the types of jurisdiction - ANSWER 1. Territorial 2. Subject Matter What is jurisdiction - ANSWER Authority of a court to hear a case. The power of a court to hear a case comes from jurisdiction over the subject matter and or person involved What is territorial jurisdiction - ANSWER Having to do with a particular area. Means in the same city or county in which the act happened. (Example: You don't try a case in one county if it happened in another.) What is Subject Matter jurisdiction - ANSWER This refers to a court's competence to hear a case with a general subject involved in an action. Means you don't try a case in a federal court if it is for a traffic ticket. What is Personal jurisdiction - ANSWER The power of a court over the person of a defendant in contrast to the jurisdiction of a court over a defendant's property or interest herein. Let's say that the Person lives in Ohio, but went to Michigan and stole a car. He would be tried in Michigan. What is Limited jurisdiction - ANSWER Term referring to a court having any or all of the above jurisdiction over a cause, crime or action, with limitations. For example, a county court has jurisdiction over a felony, but its judicial action is limited to the issuing